PRAVNO-HISTORIJSKI ZNAČAJ MONTANJARSKOG USTAVA I ORGANIZACIJA DRŽAVNE VLASTI REVOLUCIONARNE FRANCUSKE U NJEGOVIM ODREDBAMA
MONTAGNARD CONSTITUTION AND THE DECLARATION OF THE RIGHTS OF MAN AND CITIZEN OF 1973

Summary/Abstract: The Montagnard constitution which was ratified by the French Nacional Convention in 1793 takes very important place within french state and legal history. This constitution wasn’t the first french constitution, but was the first one that made a revolutionary break with the Ancien Règime, abolishing the remnants of the old feudal order remaining in revolutionary France after the adoption of of the Constitution of 1791. Adopted by the will of the people on referendum, The Montagnard constitution was the most democratic act of the french revolutionary period. Its provisions anticipated introduction of the French First Republic based on principle of nacional sovereign, and Convent system that represented the historical example of parliamentary system of government. Based on Montagnard Declaration of the rights of man and citizen of 1793 and inspired by the Rousseau’s ideas of the Republic, unity government and national sovereignty, this constitution, although it remained unapplied, represented the highest level of democratic constitutionalism. According to that fact many countries in the years after French revolution, ideologically and normatively adopted and after that, significantly expanded principles proclaimed by this Constitution which, besides the affirmation of the role of individuals within society and placing the state within legal borders earned to it an enviable legal and historical significance.

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